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(영문) 수원지방법원여주지원 2015.12.24 2014가합11832
계약금 반환 등 청구의 소
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 118,166,40 and its amount from November 1, 2014 to December 23, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running landscaping business, etc. at 87, 924, Jin-si, Jin-si, Leecheon-si, and the Defendant is engaged in the construction business, machinery manufacturing business, etc. with the trade name “C” in Sejong Special Self-Governing City B.

B. On April 9, 2014, the Plaintiff entered into a contract with the Defendant to contract the Defendant to “construction of facilities for manufacturing goods in contact with the Defendant” (hereinafter referred to as “instant contract”) and the subject matter thereof (hereinafter referred to as “instant product”). The main contents are as follows.

【Basic Contract】

1. Name of construction: A construction of manufacturing facilities for container secondary products (the primary contract);

2. Period: 60 days from the date of ordering;

3. Scope of construction: A rear facility and a damp-style production facility (see estimates).

4. Contract amount: 210,364,000 won (excluding value-added tax);

5. Payment of construction cost - Payment of down payment: 88,300,000 won for fresh goods production of KRW 52,300,000 - intermediate payment of KRW 36,000,000 for intermediate payment of KRW 40,000: Balance of KRW 82,064,000;

6. Terms and conditions for the payment of construction expenses: Any balance shall be paid within 20 days after the trial run.

7. Supply: The defendant shall deliver the supply under this contract to the place designated by the plaintiff.

[General Conditions of Contract] Article 6 (Limitation of Use and Construction Promotion) 6-1 Defendant shall not use the contract amount received from the Plaintiff for any purpose other than the construction purpose.

Article 14 (Cancellation of Contract) The plaintiff may rescind this contract at any time in the following cases, and the defendant shall not raise an objection thereto:

- When the Defendant does not undertake the construction without good cause until the date of commencement - the construction is not scheduled to proceed as scheduled or the Defendant cannot complete the construction within the air due to the content of the construction, or when the Defendant has breached this contract without good cause, the amount equivalent to 10% of the contract price in the event the contract is terminated due to the preceding paragraph of 14-2 and other reasons attributable to the Defendant.

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